New Energy Economy, a New Mexico advocacy group, is asking the state Supreme Court to slow down a fast-moving permit dispute tied to Project Jupiter, a massive proposed data center.
At the center of the fight is not just a single air-quality permit, but also whether the public is getting a fair chance to understand and challenge a project that could have major local consequences.
Here's what to know
According to Searchlight New Mexico, the group filed an emergency writ asking the New Mexico Supreme Court to stop Project Jupiter's air-quality permit proceedings.
Rather than asking the court to decide the permit's ultimate fate, New Energy Economy says the immediate issue is whether the process can continue without violating due-process protections.
In its filing, the group says repeated changes by Max Shepherd, the New Mexico Environment Department hearing officer overseeing the case, have made it more difficult for opponents to evaluate evidence and prepare testimony, creating what it calls a "trial by ambush."
A central dispute involves discovery, the stage in which opposing sides exchange relevant evidence. Searchlight New Mexico reported that Shepherd denied discovery on Aug. 12 after previously indicating it would be permitted.
TCD Picks » Quince Spotlight
💡These best-sellers from Quince deliver affordable, sustainable luxury for all
Opponents were seeking details about emissions, gas supply, and whether Bloom Energy can produce fuel-cell technology at the scale Project Jupiter would require.
Another unresolved issue is the project's proposed gas pipeline. It is expected to deliver 400 million cubic feet of gas per day, but it still lacks legal authorization and has twice been rejected by State Land Commissioner Stephanie Garcia Richard.
More background
Project Jupiter has been promoted as a major economic development effort, even as critics warn that a rushed and opaque process could leave nearby communities to shoulder the risks.
When air permitting for a massive industrial project moves forward before key questions are resolved, residents can be left without clear answers about pollution impacts, infrastructure demands, and whether promised energy plans are realistic.
New Energy Economy also noted that the schedule has become increasingly difficult for the public and experts to follow. The hearing, once set for October, was moved up to Sept. 14. Meanwhile, Aug. 24 was both the deadline for technical testimony and the date the administrative record — thousands of pages long — was set to become available.
Questions about that compressed timeline intensified after Oracle officials involved with Project Jupiter met with Gov. Michelle Lujan Grisham on July 27, according to Searchlight New Mexico. On July 29, the hearing was moved earlier, fueling concerns that speed was being prioritized over transparency.
What's being done?
Before the hearing proceeds under the current rules, New Energy Economy is asking the Supreme Court to intervene.
In its writ, the group urged the court to act before all parties "spend enormous time and incur enormous expenses" preparing for a proceeding it says has become unfair, Searchlight New Mexico reported
Separately, the organization has challenged the permit process by filing motions seeking clearer answers regarding the project's energy supply and technical assumptions. Those requests were meant to push developers and the state to address whether the project has a valid alternative energy source and whether its fuel and emissions plans are workable.
Lawmakers have also begun speaking out. Sen. Carrie Hamblen, D-Las Cruces, backed calls for a more transparent review, suggesting the dispute has grown beyond a procedural fight and into a test of public accountability.
As Hamblen put it: "From the secrecy surrounding Project Jupiter to the highly unusual expedited air-permit process and a technical hearing without the right to discovery, there are serious reasons for concern. New Mexicans deserve transparency and a fair process before the Environment Department — one that follows constitutional due process, applicable law, and the Department's own rules."
On Sunday, the state's Supreme Court unanimously agreed to halt proceedings on an air quality permit hearing and told the Office of the State Engineer it had to stop using an emergency well for the data center's construction, according to Source NM. The parties have until Sept. 2 to respond to the rulings.
Get TCD's free newsletters for easy tips, smart advice, and a chance to earn $5,000 toward home upgrades. To see more stories like this one, change your Google preferences here.
